lynn well get a new trial after serving two years behind bars. "eyewitness news" reporter david spunt is live at cathedral basilica of the saints peter and paul in the new twist of the long running legal fight, david. >> reporter: it is a new twist. monsignor lynn is upstate pennsylvania right now behind bars. he was the central figure in the 2012 sex abuse clergy scandal here in philadelphia. tonight i spoke to the attorney of the family who says that their son was sexually abused, and they are upset. monsignor william lynn is accused of knowingly allowing sexual predator priests to have contact with philadelphia children. lynn who has been in prison for about two years may soon get out of after a superiority court ruled in favor of a new trial. >> it is very upsetting, to now learn that the criminal justice system and process has failed the families.

>> reporter: defense attorney, represents the family of sean mcillmail a 26 year-old who died of a drug overdose but his family insists he was repeatedly sexually a abused by father robert brennan a philadelphia priest who reported to monsignor lynn. >> the miss deeds of the church, must be made public, and must be recognized and the only way for us to do it now is through a civil lawsuit. >> reporter: mcilmail family family spoke to the our pat ciarrocchi in 2013. >> he had said the dad, he took my nosens before i even knew what my nosens was. >> reporter: father brennan was mentioned in grand jury reports, detailing clergy sex abuse but when sean mcilmail died so did the case begins father brennan, his charges were later dropped. >> would i hope that we could have brought father brennan to justice. it appears only justice he will get will be in the after life unless we have other victims. >> reporter: but mcilmail family never accepted that answer and continues to fight for shawn.

>> he once told me i thought i dreamed all of this, you know, he says but i knew it wasn't a dream that this was real. >> reporter: tom kline says that civil lawsuit is underway, and for the family that he is representing, i also reached out to monsignor lynn's attorney and the archdiocese of philadelphia, and i'm waiting to hear back from both. reporting live, david spunt for cbs-3 "eyewitness news". david, thanks very much. burlington county kyle crosby pleaded guilty in court to killing his wife, last new years eve. he admitted to strangling, erika crippen, inside their mount laurel home and then dumping her body in maryland. crosby will be sentenced to 31 years in prison. philadelphia police have a person of interest in custody, as detectives continue to investigate the death of the prominent psychiatrist. tonight we're learning about where the the victim told his wife he was, the the night of his death. "eyewitness news" reporter ra hell solomon is live at police headquarters with the details, rahel. >> reporter: jim, police

sources tell me that they have detained their person of interest last night on a unrelated incident, homicide tells me they hope to have him in homicide custody tonight. >> according to on line professional profiles doctor howard baker practiced psychiatry for more than 30 years. his life came to a sudden end in room 504 at roadway inn. >> he was on the floor, he was naked with the leather belt around his neck. >> fifty-seven year-old baker had been strangles. he discover the victim monday morning, when he check out of his room. surveillance shows baker had two male guests sunday night. after the first leaves, baker reportedly brings a second man in where he stays for an hour. police believe this man may be their guy. >> we do know that after the decedent was dead, that the potential suspect did take his backpack abe did take his wallet the and was seen fleeing from the hotel. >> reporter: police did not say how well this person of interest and baker knew one

another or the nature of their visit. the the victim told his wife he was somewhere else. >> he was out of the bar watching the eagles game. >> reporter: police sources tell me that the person of interest was detained after having outstanding warrants, on a unrelated incident, again he is expect to be in homicide custody tonight. reporting live, rahel sol machine for cbs-3 "eyewitness news". >> thanks, rahel. "eyewitness news" in lower pottsgrove montgomery county as two home invasion suspects were taken in custody this afternoon. police say that the men broke in the home on the 900 block of ivy lane and stole christmas presents from right under the tree. right now authorities are going door to door to see if any other homes in the area were targeted. winter begins with warm rain. the showers have ended for now but you will need umbrellas soon. meteorologist kate bilo is live on the skies deck with more on this wet weather warm up, kate. >> last week on thursday we said you'll need umbrella but

then swap it out for weekend. now we have brought our winter coats back out and going back and forth here but more rain on the way make sure you have got rain gear for your wednesday. lets look at is what happening right now. things have quieted down. we had rain this morning. we will dry things out. you can see just some included but zooming out a lot of moisture lurking in the deep south and that is lifting to the north another round of rain arrived by midday tomorrow. at first, as far as rain it wasn't generally heavy. we have a third of an inch in atlantic city. quarter inch in allentown. .15 in philadelphia it was a a soggy ugly looking day outside with road spray, low cloud and fog and that continues tonight. one saving grace it is very warm outside. 60 degrees in philadelphia 59 in wilmington. we will be well in the 60's for next several days and as i said challenging record four out of the next five days, i will tell you which days those are and what to expect coming up when i join you inside, back over to you. while some are enjoying this warm weather ski resorts in the poconos are not.

taking a look at jack frost big boulder where one little snow was there was covered in fog earlier today. the mountain is snow making and snow making is very difficult in this weather. some resorts are opened with just a handful of trails. while some are trade nothing skis for golf clubs work these temperatures expect to be in the 70's, we're told t times are christmas eve are going fast. many course is are thrilled with the extended season since some got a late start in the spring due to ice damage. don't forget, track the forecast with our team of meteorologists, just down load cbs weather app a available for freon itunes and google play. six more passengers heard in the deadly derailment of the amtrak train in philadelphia filed suit against the rail line. complaints alleged that the may 12th crash could have been avoided if amtrak implemented proper precautions and safety measures. investigators say train 188 jumped the tracks at frankford junction after entering a curve at twice the the speed

limit. eight people were killed and more than 200, injured. a system to prevent trains from traveling over the speed limit is operation aal on northeast corridor. this simulator at amtrak training headquarters in wilmington, shows how the positive train control system works. the sensors monitoring the trains speed and fit is going to go fast the system automatically applies the brakes. >> for example if my brake is good for 90 miles an hour it will enforce that on that bridge or a curve or a restrictions. no matter what the speed is, every single speed that could be on than yard. >> amtrak uses positive train control on the rails from new york to washington. that harrisburg line is expect to have it the by the end of next month. well, we're less than an hour from kick off as temple battles toledo in the boca raton bowl. the owls have a chance to make history with a victory.

>> "eyewitness news" reporter leslie van arsdal is live with more, hi there, leslie. >> hi there, guys. the this has been an amazing experience for these temple owls but i think after talking to the coach and players they are ready to get back to the football field. let's show you them arriving a short time ago at the stadium greeted by hundreds of fans, very loyal fans, so proud of their team. this group is like a family. i a sat town with coach rule earlier and said this group especially the seniors, changed his life. >> coach matt ruhle, it has been a magical season but more than anything he wants to end the season with a win. >> most important because our seniors have meant a great deal to me and my family. you know, they have done everything i have asked them to do they have stayed and hung in there it is my responsibility to put them in a position to win. i feel like it is my chance to say job well done to all of us, and you can do it.

>> reporter: temple all american linebacker tyler says a win today means everything. >> to go through our senior class has been through in the past four years, it will mean the world. >> reporter: last time owls played the team was filled with rumors that the coach was leaving. since then ruhle has signed a new contract and now focus is on toledo. >> i could not come up with any reason to leave, talking to a lot of people. i love these kid. i love working at temple. i love living in philadelphia. >> reporter: we love coach matt ruhle we're glad he is staying. pretty similar teams, they both like to rupp the ball. they have quarterbacks that can make big plays when they need them. it will be a close one i think but we will find out starting at 7:00 tonight. back to you jim and jessica. >> thanks, leslie. he has had more than a dozen concussions and he is only 14 years old. >> it feels like it takes you

three days to comprehend one thing. >> he has trouble seeing clearly after after those 13 concussions but this area teen found the help he needed at jefferson university hospital's new concussion center, and we will take you inside next. and it happened to many children when they sit on sanity's lap but one local business is turning these tears, into cheers, for a great cause and you can even join in the fun, kate. headed for a very warm holiday as moisture lifts in from the south and west but along with the rising temperatures, more rain on the way, we will time it out, and tell you how warm it will get co

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buzz is filled filming about concussion opening friday about a doctor who discovered the link between football's head injuries and devastating brain disease. >> it stars philly's own will smith. >> there is a hidden potential, long term brain issue with the game that is hidden, in plane sight. >> health reporter stephanie stahl is here with more on how doctors are improving concussion treatments. >> lots of talk about this. concussions are getting more attention and being taken very seriously, now. 65 percent of the concussions

happen to children which can be especially dangerous. the doctors at jefferson's concussion center say taking quick axis critical. >> top of the page. >> reporter: to thinks kind of technology used to diagnosis and treat concussions, it is helping four year-old michael mchenry think more clearly. >> i don't remember what it is like in the to have a concussion and not feel having a headache. it feels like three days to comprehend one thing. >> reporter: he was a sports superstar excelling in soccer and hockey but along the way michael who lives in brideberg, suffered 13 concussions, remarkably he was always cleared to play again. >> no doctors along the way said wow, stop. >> no, never. >> i wish i would have known the first time, even before i hit my head, and anyone knew anything. >> reporter: here at jefferson concussion center michael was finally diagnosed with post concussion syndrome, suffering with things like confusion, memory loss, and depression.

>> each successive concussion makes things worse. >> reporter: doctor rob franks says is there still a a lot known about concussions but science ising involving. >> we have objective findings in the past that was always objective. >> close your eyes. >> reporter: michael is regaining his balance which is often impact by concussions, and training his eyes, to work in uni son again. >> i wish i would have known before all a of this, and maybe the outcome would have been different if he would still be able to play sports if he got treated properly the the first time, very first time. >> reporter: michael is getting better and so are his grades but he still desperately misses playing sports. >> i feel like i lost a family member. >> michael admits he did not tell anybody about the concussions, about the headaches, rather that he experienced, he just wanted to get back in the game. the doctors say, concussion symptoms can be mild and that any blow to the head should probably be evaluated by a doctor.

michael is a terrific young man and we wish him all of the best. >> certainly. >> hopefully these new treatments will be helpful. >> exactly. >> stephanie, thanks. a local pharmacy is giving back by turning children's holiday tears into cash for charity. >> every time someone post is a a facebook picture of a child's crying while visiting with sanity at fishtown pharmacy will donate $10 to the no kid hungry organization. all you have to does post picture to the pharmacy's facebook wall and use the hashtag no kid happy. >> we had a couple real terrible pictures of our kids, that we both had and we were looking at pictures and she had brilliant idea to share them on social media and get other people to share them and my wife thought of the hashtag no kid happy and we have used no kid hungry in the past for various benefits. >> find a link to the fishtown pharmacy web site at cbs philly.com, photo you post can be of your kid or yourself as a kid. i never cried on santa's lap. i was suspicious.

>> of course. >> always suspicious. >> who is this person you are handing me over to. >> exactly. >> who are you, big man. >> those pictures are great. >> so sweet. >> you know, obviously they are upset but when they are older they are so fun toy look back on. >> yes. >> we got 50 feet, to see santa i had santa in the background. close enough. well, it certainly doesn't feel like christmas season, with the temperatures in the 60's. >> i want to criy nose you are missing cold weather. >> don't cry. the just go sit on santa's lap and ask him for some cold and he will deliver, january, february at least but not through the end of 2015. temperatures looking to be above average every day through the seven day forecast, every day through new years day, and then maybe changes by january but that is still to be determined. lets look outside our brand new camera mount add top hotel bethlehem in bethlehem, northampton county where we are looking down the street and you you can see fog and we do have some wet road out

there, the the mist and drizzle, does not look like a nice night to be out and b definitely want to take it slow, overnight tonight and as we head through the next couple of days as well. fog and low cloud tomorrow morning. the lets take a peak at storm scan three, showing rain has push out, philadelphia is to the south and east we have a very dense cloud cover and again watch for pockets of fog here especially across south jersey and delaware through next few hours but anywhere a as we go through overnight hours. we are clearing out briefly but more clouds lifting from the south and yet another storm approaches bringing threat for steady rain through the afternoon hours tomorrow. and your live neighborhood network temperatures upper 50's. we have southeasterly flow, mild air moving in, temperatures staying in the 50's, even overnight tonight, and so far, skewed above average we are not enclose. normal low are in the up are 20's. we have overnight lows in the 50's, for the next couple nights. not enclose. near record for the next really five days, tomorrow we will challenge one. thursday we will break one. friday we are very close. near record tomorrow with

showers and steady rain through the afternoon, record warmth on thursday, now thursday is looking progressively dryer as we go through the day this front will move through but doesn't have as much moisture to work w just a stray shower, rumble of thunder. more sunshine returning for christmas day, slightly cooler and in where near cool with highs still in the mid to upper 60's. future weather shows cloud tomorrow morning 7:00 a.m. still dry, by midday we have got this first wave of rain lifting through at noon time 4:00 p.m. light to moderate rain north and west and another round of the heavier stuff by tomorrow evening, into tomorrow night and that is 9:00 p.m. it clears out and for christmas eve it is very warm, cloudy, windy but again not a whole lot of rain christmas eve. mostly cloud which areas of fog, 53 our low. 1 degree off our record at 65. fast forward into christmas eve your forecasted high seven 46789 the record is 64. that was set in 2014 just last year. we are break ago this wye 10 degrees and 33 degrees

above average. your christmas eve record to be beaten all in the low to mid 60's. the most of those will be broken. friday 65 for christmas take. record for friday's day is 68. we are close on that note as well, and then cooler as we head in the start of the week went showers on saturday but sunday, we're right back in the mid 50's and record is 64. so tomorrow we will challenge it, thursday we will break it, friday we will challenge it and sunday we may break one again. just an amazing stretch of warmth. >> we will talk about this one for a long time. >> we will always remember it, of 2015 christmas. >> thanks, kate. tonight on "eyewitness news" at 11:00 procrastinators listen up to this, deadline for christmas eve deliveries is almost here and in a race to the finish for shipping companies. our vittoria woodill gives us a firsthand look at what it takes to make your holiday gifts arrive on time. my fingers crossed on a couple of them. we will be right back.

eagles playing saturday here on cbs-3. >> massive game. >> it is huge. >> it is huge. >> let's talk bit. >> like extra in the movie creed demarco murray has been beaten and battered not bio pope events in the field but critics taking shots to his credit eagles running back has handled it pretty well in, locker room rants and has not trashed coaches. demarco signed for 40 million in the off season but his playing time has dipped dramatically. just two carries for 3-yard in the team loss to arizona today murray was asked about his shrinking presence in the offense. >> every day you have a position to make the playoffs and i think that is where peoples focus are. i cannot worry about how many plays i get and things of that nature. i can only control what i can control. you want to be out there and helping your teammates, whatever the case may be, catching, blocking, but you just got to come to work every day and work hard and go from there. >> murray or in murray eagles host redskins saturday as we just mentioned. if they lose they're limb

nateed from playoff contention. game time at 8:00. we are set with the pregame show live from the link at 7:00. last home game of 2015 for sixers tonight, they help grizzlies a team they have not beaten in south philadelphia in six years. tip off business 30 minutes away. college hoops this afternoon st. joes taking on virginia tech, and the ac c, a-10 showdown, second half hawks up by 18, isaiah miles getting a after it, career high 36 points, 15 board, the hawks improve to nine-two on the season with a 79-62 win. hawks/trailblazers, the a atlanta hawks, losers of two in the fourth quarter, coming right out, what does he do? he strips it, in his spot. >> yes. >> yes. >> he has to get a visit from santa a and tooth fairy at the same time. >> he is tough, like hockey players, we will be you can save over 500 bucks when you switch to progressive. that's a fact.

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new a at 6:00 tonight a six year-old with special need get a new bicycle that was donated by montgomery county district attorney's office and group, wels of justice, and the bike is for andrew a six year-old with a developmental disorder. so, merry christmas to him. >> thanks for watching "eyewitness news" at 6:00 we will return at ten on the cw philly and as always back here on cbs-3 at the 11:00. up next, "cbs evening news" tonight, weather extremes, weather wreaks havoc in the northwest as we will feel heat here. here is nora o'donnell.

>> o'donnell: the storms before christmas, floods and snow in the west, tornado threat in the south, and t-shirt weather in the east. also tonight, a visa application tells us more about the san bernardino terrorists. donald trump hits below the belt in a new attack on hillary clinton. >> she was favored to win and she got ( bleep ). >> o'donnell: and riding the joy of christmas on the snowball express. >> i just wish we could stay here for a year. >> reporter: a year? >> i wish we could stay here forever. captioning sponsored by cbs this is the "cbs evening news" with scott pelley. >> o'donnell: good evening. scott is off tonight. i'm norah o'donnell. there's a rough few days ahead for anyone traveling for the holidays. in the northwest, violent storms have sent trees into houses and on t